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Statute of Limitations for Product Liability

In California, the statute of limitations in products liability cases is one year. Cal. Code Civ. Proc. § 340. The time starts running when the plaintiff knows of the injury and is suspicious of wrongdoing. The existence of such knowledge is a factual determination for the jury to decide. A jury makes this determination using the following factors: (1) knowledge of the injury and (2) knowledge of facts creating, or which in a reasonable person would create, a suspicion of negligence on the part of someone. Bristol-Myers Squibb Co. v Superior Court, 32 Cal.App.4th 959, 38 Cal.Rptr.2d 298 (4th Dist. 1995). If you do not file a lawsuit within this time, you cannot sue.

 


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